If you’re based in Oregon and looking for legal assistance in relation to an injury or ordeal because of a drunk driving accident, choose Herron Law.
With 28 years of personal injury experience, the legal experts at Herron Law will help you understand what to do following a drunk driving injury and how we can help.
Table of Contents:
Why Choose Herron Law?
With almost 30 years of experience across all Oregon courts, Herron Law is one of the most successful and widely respected personal accident lawyers in the state.
As well as drunk driving claims, we also cover motoring claims like car accidents and motorcycle accidents.
At Herron Law:
- Our lead attorney, Bart Herron, is among the Top 2% of lawyers in the US according to LinkedIn.
- We offer 100% free consultations.
- We won’t charge a fee until you win.
Still not sure? See what our 2,000+ other clients have had to say about our service.
What Are Oregon’s DUI Laws?
DUI laws in Oregon are officially known as Driving Under Influence and Intoxicants (DUII), which prohibit operating a vehicle with a blood alcohol content of 0.08% (0.04% for commercial drivers) or higher, or while affected by alcohol, cannabis, inhalants, or controlled substances.
First offenses may qualify for a diversion program; otherwise, these breaches of the law carry hefty penalties, including license suspension, substantial fines, and potential jail time.
It’s essential to note that for drivers under 21, a zero-tolerance policy is in effect.
What Steps Should a Victim Take Immediately After a Crash with a DUI Driver?
If you are involved in a crash with a driver in Oregon, there are several important steps you should take to protect your safety, legal rights, and ensure that appropriate actions are taken.
Below is a step-by-step guide for what you should do immediately following a crash:
- Move to a Safe Location: If possible, move your vehicle to a safe area like a hard shoulder with hazard lights on, to prevent further accidents.
- Check for Injuries: First, check yourself and any passengers. If anyone is hurt, call 911 immediately.
- Report the Incident: In Oregon, it’s required to call the police if there is any injury, death, or property damage over $2,500. Even if the accident seems minor, calling the police is essential if a driver is involved.
- Request a DUI Investigation: Inform the police that you believe the other driver may be under the influence. This will prompt them to investigate the possibility of DUI.
- Document the Scene: Take photos of the scene of the crash, including damage to both vehicles and any injuries and road conditions. If you suspect the other driver is intoxicated, take photos. It’s essential to record the make, model, and license plate number of the other vehicle. Finally, note the time, weather, location, and other details that may be relevant.
- Do Not Confront the DUI Driver: Stay calm and avoid getting into an argument with the other driver. Intoxicated drivers could become belligerent or aggressive. The police will conduct the necessary DUI investigation and handle the situation with the driver.
- Exchange Information: Get the name, contact information, insurance details, and license number of the DUI driver. Get any witnesses’ contact information as well. It’s important not to apologize or admit fault. Anything you say could be used against you later in legal proceedings.
- Seek Medical Attention: Even if you don’t feel injured right away, it’s a good idea to get checked out by a healthcare professional. Some injuries, like whiplash or internal injuries, may not be apparent immediately.
- Contact Your Insurance Company: Notify your insurance company as soon as possible. Provide them with all the details and the police report once it’s available. Depending on your circumstances, your insurance company may help cover your medical expenses and vehicle repairs, even if the other driver is at fault.
- Notify the DMV: File a Traffic Collision and Insurance Report with Oregon DMV within 72 hours of a crash to prevent the suspension of your license.
- Consider Legal Representation: If you’re injured or if the accident caused significant damage to you, it’s advised to consult an experienced personal injury attorney. They can help guide you through the legal process and ensure you receive the compensation you deserve.
- Follow Up with the Police: After the police investigation, you can request a copy of the accident report, which contains crucial details for insurance claims and legal proceedings. It’s important to follow up with the police or your attorney to see if DUI charges have been filed against the other driver.
What is the Process for Filing a Personal Injury Claim After a DUI Accident?
When affected by an injury that counts under the definition of personal injury by US law, it’s important to:
- Report the DUI Accident: Call 911 and report the accident. If the at-fault driver is arrested for DUI, the police report will include this.
- Gather Evidence: Take photos of the scene of the accident, take statements from witnesses, and collect a police report once it’s available, including any Breathalyzer or blood test results.
- Consult a Personal Injury Lawyer: A personal injury lawyer, like those offered by Herron Law, can assist in dealing with a DUI incident. They can guide you through the complex legal process after completing an initial application.
- Court Trial (If Required): If a settlement can’t be reached, the case may go to trial, and a judge or jury will determine whether the drunk driver was liable and how much compensation you’re owed. In Oregon, if the DUI driver was especially reckless, you may be entitled to punitive damages.
- Receive Compensation: If your case results in a favorable settlement or court judgment, you’ll receive compensation for your injuries. This includes medical bills, pain and suffering, lost wages, and more.
What Can I Expect in Terms of Compensation for My Injuries and Losses?
When you file a personal injury claim in Oregon, the compensation you may receive depends on the specifics of your case, including the severity of your injuries.
Below is a breakdown of what you can expect in terms of compensation:
- Medical Expenses: You can be compensated for all medical expenses because of your injury, including hospital stays, surgeries, doctor visits, prescription medications, physical therapy, and any other treatment you require.
- Lost Wages: If your injury has caused you to miss work, you can claim compensation for lost wages or salary during that period. This includes any future loss of work earnings due to disability or extended absences from employment.
- Pain and Suffering: Compensation for physical pain endured due to injury isn’t the only type of injury that falls under this category. Any occurrences of depression, anxiety, PTSD, sleep disturbances, or general enjoyment of life can also result in financial compensation.
- Property Damage: If your vehicle was damaged in the accident, you can seek compensation for repairs or the replacement cost of your car if it was totaled. This also includes damage to any personal property like electronics, clothing, or other valuable possessions.
- Punitive Damages: In Oregon, if the at-fault party’s actions were especially reckless or egregious (like driving under the influence), you may be awarded punitive damages intended to punish the offending party.
- Loss of Consortium: If the injury affects your relationship with your spouse or close family members, they may file a claim for loss of consortium. The effects include loss of companionship, affection, and sexual relations due to an injury sustained.
- Disability and Disfigurement: If the accident causes a permanent disability, like paralysis or loss of a limb, you may receive compensation based on the lifelong impact of that injury.
- Other Losses: If you had to pay for things like help at home, transportation, or caregiving costs due to your injury, these will be included in your claim.
Ways Herron Law Can Help
Herron Law plays a key role in providing clients with legal representation. Our lawyers also support victims who have been injured or traumatized due to the negligence or misconduct of another party in relation to a drunk driving accident.
Our key responsibilities include:
Case Evaluations:
- Free Initial Consultation: Your attorney will offer a free 30-minute consultation to understand the case details and determine its validity.
- Legal Advice: Herron Law will offer legal advice on the merits of a case, potential outcomes, and the steps involved in pursuing legal action.
Investigation:
- Gathering Evidence: Our attorney gathers evidence, including medical records, witness statements, and any other documentation that can prove negligence or wrongdoing on the part of the at-fault driver.
Expert Consultation:
- Working with Specialists: If needed, one of our attorneys will consult with medical professionals to strengthen your case going forward.
Filing the Lawsuit:
- Preparation of Legal Documents: The personal accident attorney prepares and files the necessary legal documents to begin any claims.
- Court Representation: If a trial is necessary, the attorney will represent you, presenting any evidence and arguing the case before a judge.
Settlement Negotiation:
- Negotiating with Defendants: If there are any defendants involved in your accident claim, we will negotiate with their insurance companies or use the court to reach a fair, legal settlement.
Fighting for you:
Herron Law’s attorneys advocate for you and your loved ones, striving to ensure justice is served and the responsible parties are held accountable.
By undertaking these responsibilities, our attorneys play a pivotal role in helping to navigate the complexities of the legal system during challenging times.
Their expertise not only aids in securing financial compensation but also in achieving a sense of justice and closure.
What Are My Rights as a Victim of a Drunk Driving Collision in Oregon?
As a victim of a drunk driving collision in Oregon, you have several important legal rights that can help you seek compensation for your injuries and hold the responsible party to account.
Your rights include:
- Right to Compensation: As a victim of a drunk driving accident, you have the right to seek compensation for your injuries.
- Right to Sue: You also have the right to sue the offending driver, as drunk driving is considered a form of negligence under Oregon state law.
- Right to Receive Punitive Damages: If another driver is found driving under the influence of intoxicants (DUII), their actions will be considered grossly negligent and therefore may be liable for punitive damages.
- Right to Uninsured or Underinsured Motor Coverage: If a drunk driver does not have insurance to cover your damages, you have a right to uninsured motorist coverage.
- Right to File a Claim with the Offender’s Insurance Company: You have a right to file a claim with the drunk driver’s insurance company for damages resulting from the accident.
- Right to Legal Representation: As a victim of a drunk driving collision, you have the right to hire an attorney to represent you and protect your interests.
- Right to Read the Police Report: You have the right to obtain a copy of the police report from the accident, which will include details like the drunk driver’s alcohol concentration, the officer’s account of the scene, and any citations issued to the drunk driver.
- Right to Trial: If your case goes to trial, you have the right to testify as a victim and share your experiences regarding the accident, your injuries, and how the collision has affected your life.
Can I Still Recover Damages if I was Partially at Fault in a DUI Accident?
In Oregon, you can still recover damages even if you were partially at fault in an accident. Your level of fault may reduce the amount you can recover.
Oregon allows for modified comparative fault, which means you can still receive compensation for your injuries as long as you’re not more than 50% at fault.
- Oregon’s Modified Comparative Fault: If you are found to be 51% or more at fault for an accident, you cannot recover any damages. But if you’re 50% at fault or below, you may recover damages reduced by your fault percentage.
- How Comparative Fault Affects Your Compensation: If you are 10% at fault and the payout was $100,000, your compensation will be reduced by 10%, which means you recover $90,000.
- Impact of the DUI: If the other driver was intoxicated at the time of the accident, this could significantly influence the determination of fault and place them primarily at fault.
- Other Factors That Could Influence Fault Determination: The police report from the DUI accident may provide valuable evidence to determine fault. Likewise, witness testimonies and insurance investigations are used to determine fault.
Awards & Associations
At Herron Law, we are dedicated to our clients.
We were voted one of the top 100 personal injury lawyers and top 25 attorneys in Oregon, 2016 – 2024, by the National Trial Lawyers Association.
Our other awards include:
- 2015 Premier Trial 100 Attorneys Oregon, by the American Academy of Trial Attorneys.
- Oregon’s 10 Best Client Satisfaction Award, by the American Institute of DUI/DWI Attorneys.
Frequently Asked Questions (FAQs)
Rear-end collisions, head-on crashes, single-vehicle run-offs, intersection accidents, and rollovers are most common, often involving impaired judgment and delayed reaction times.
Alcohol slows reaction, impairs judgment, reduces coordination, increases speeding, and causes lane drifting, which makes accidents more likely.
Penalties include fines, license suspension, ignition interlock, probation, jail, and increased penalties for repeat offenses or injuries.
DUI accident lawyers specialise in alcohol-related driving under the influence collisions, understanding Oregon driving laws and evidence. Personal injury attorneys handle all injury claims, not specific to DUI cases.
Most cases settle out of court through insurance negotiations, but trials occur if a fair settlement cannot be reached.
Most work is based on a contingency fee. You pay a percentage of the settlement or judgment, with no upfront costs.
Police reports, BAC tests, medical records, witness statements, photos/videos of the scene, vehicle damage, and expert accident reconstruction can strengthen your case.
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